Price decides to drop lawsuit against Witt

By Adam Jones Staff Writer

Published: Sunday, May 2, 2004 at 3:30 a.m.

Last Modified: Saturday, May 1, 2004 at 11:00 p.m.

Former University of Alabama football coach Mike Price has decided to drop a lawsuit against UA President Robert Witt because of legal roadblocks and testimony that Price's attorney says reveals a Sports Illustrated article had a chilling effect in actions leading up to Price's May 2003 termination.

Price will focus his attention on a lawsuit against Sports Illustrated, said Stephen Heninger, Price's attorney said.

Testimony by Witt and UA Athletics Director Mal Moore taken in preparation for the Sports Illustrated case led to the decision to file a motion to dismiss the suit against Witt in Tuscaloosa County Circuit, Heninger said.

Witt fired Price for actions at a topless bar in Pensacola, Fla.

"The mistake in judgment in Pensacola . was falsely manipulated and elevated to a level that was so glaring in its intensity that it rendered thoughtful and deliberate/sevaluation of the truth difficult, if not impossible," Heninger said in a statement.

"Testimony has shown that the explosive specter of an upcoming article in Sports Illustrated loomed large in the shadow of [the decision to terminate Price], but it was not actually detonated until a few days after the termination," Heninger said.

Price claims the magazine committed libel and slander in the article, "Bad Behavior: How [Price] Met His Destiny At A Strip Club," in its May 8, 2003, edition, a few days after he was fired. He is seeking $20 million from Time Inc., which publishes the magazine.

The suit against Witt also was dropped because of legal conditions and immunities protecting Witt, Heninger said.

"Rather than fight that battle, we'd decided to go ahead and focus on Sports Illustrated," he said in an interview. "I didn't want to be distracted anymore by Dr. Witt, and I'm sure he didn't want to be distracted by me."

Stancil Starnes, an attorney for Witt and the university said, that like all state employees, Witt has certain legal immunities protecting him from some legal actions.

"The lawsuits which were filed against him . were deficient and did not state valid claims under Alabama law," Starnes said.

Witt testified in February that Price was fired because of his conduct and not because of the Sports Illustrated article. In his testimony, Moore echoed many of Witt's statements.

Heninger mailed the motion to dismiss the March 22 to Tuscaloosa on Friday and said the judge will probably dismiss the suit Monday.

No trial date has been set for Price's suit against Sports Illustrated. Time, Inc. is attempting to appeal to the U.S. Court of Appeals a Dec. 8, 2003, decision by U.S. District Court Judge Lynwood Smith that Sports Illustrated and writer Don Yaeger must reveal confidential sources.

On April 1, the Alabama Supreme Court declined to rule on the issue.

Price had filed a $20 million defamation and wrongful termination suit against the university and Witt, but the U.S. Circuit Court of Appeals in Atlanta dismissed it on April 20.

<p>Former University of Alabama football coach Mike Price has decided to drop a lawsuit against UA President Robert Witt because of legal roadblocks and testimony that Price's attorney says reveals a Sports Illustrated article had a chilling effect in actions leading up to Price's May 2003 termination.</p><!-- Nothing to do. The paragraph has already been output --><p>Price will focus his attention on a lawsuit against Sports Illustrated, said Stephen Heninger, Price's attorney said.</p><p>Testimony by Witt and UA Athletics Director Mal Moore taken in preparation for the Sports Illustrated case led to the decision to file a motion to dismiss the suit against Witt in Tuscaloosa County Circuit, Heninger said.</p><p>Witt fired Price for actions at a topless bar in Pensacola, Fla.</p><p>"The mistake in judgment in Pensacola . was falsely manipulated and elevated to a level that was so glaring in its intensity that it rendered thoughtful and deliberate/sevaluation of the truth difficult, if not impossible," Heninger said in a statement.</p><p>"Testimony has shown that the explosive specter of an upcoming article in Sports Illustrated loomed large in the shadow of [the decision to terminate Price], but it was not actually detonated until a few days after the termination," Heninger said.</p><p>Price claims the magazine committed libel and slander in the article, "Bad Behavior: How [Price] Met His Destiny At A Strip Club," in its May 8, 2003, edition, a few days after he was fired. He is seeking $20 million from Time Inc., which publishes the magazine.</p><p>The suit against Witt also was dropped because of legal conditions and immunities protecting Witt, Heninger said.</p><p>"Rather than fight that battle, we'd decided to go ahead and focus on Sports Illustrated," he said in an interview. "I didn't want to be distracted anymore by Dr. Witt, and I'm sure he didn't want to be distracted by me."</p><p>Stancil Starnes, an attorney for Witt and the university said, that like all state employees, Witt has certain legal immunities protecting him from some legal actions.</p><p>"The lawsuits which were filed against him . were deficient and did not state valid claims under Alabama law," Starnes said.</p><p>Witt testified in February that Price was fired because of his conduct and not because of the Sports Illustrated article. In his testimony, Moore echoed many of Witt's statements.</p><p>"This represents a complete vindication for the university. It totally exonerates Dr. Witt," Starnes said. "It confirms Dr. Witt took appropriate action every step of the way."</p><p>Heninger mailed the motion to dismiss the March 22 to Tuscaloosa on Friday and said the judge will probably dismiss the suit Monday.</p><p>No trial date has been set for Price's suit against Sports Illustrated. Time, Inc. is attempting to appeal to the U.S. Court of Appeals a Dec. 8, 2003, decision by U.S. District Court Judge Lynwood Smith that Sports Illustrated and writer Don Yaeger must reveal confidential sources.</p><p>On April 1, the Alabama Supreme Court declined to rule on the issue.</p><p>Price had filed a $20 million defamation and wrongful termination suit against the university and Witt, but the U.S. Circuit Court of Appeals in Atlanta dismissed it on April 20.</p><p>Reach Adam Jones at adam.jones@tuscaloosanews.com or 722-0230</p>